Features
Full Disclosure Necessary for Patent Applicants
On Sept. 26, 2014, the Federal Circuit issued its opinion in <i>American Calcar, Inc. v. American Honda Motor Co.</i> Judges Prost and Wallach affirmed the decision of the U.S. District Court for the Southern District of California that three American Calcar patents were unenforceable due to inequitable conduct. Judge Newman filed a strongly worded dissent.
Do We Need #consent?
Marketers have found that authentic and meaningful engagement with consumers on Twitter can have a lasting impact.
Features
Global Corruption Enforcement
This article discusses the benefits of embedding compliance doctrine within operations, and how businesses could market integrity and compliance to gain a competitive advantage.
Features
States Keep Changing the Marijuana Laws
Despite legalization in several states, marijuana use remains illegal for both medical and recreational purposes under federal law, and many companies continue to maintain "zero tolerance" policies with respect to employee marijuana use.
Features
Don't Be Afraid of Cybersecurity Information Sharing
Recent government action has shown that the White House and Congress are keenly aware of the potential data security benefits of robust information sharing between and among the private sector and the government. In recent years, information sharing bills have been introduced regularly in both the Senate and the House in an effort to encourage the flow of cyberthreat data between the private sector and the government.
Features
Extraterritoriality and Whistleblower Retaliation
Though whistleblower protection statutes take many forms, the frameworks for determining liability are really quite similar. However, can overseas whistleblowers avail themselves of United States whistleblower protection laws?
When Information Governance and Data Privacy Collide
The so-called "Big Data" problem has caused many organizations to breathe new life into their record-retention programs. As a result, more multinational corporations are moving to the cloud as a cost-savings mechanism for everything from e-mail to database storage and document creation. This all sounds like a great first step. But what happens when what makes the most business sense might actually be putting the company at risk?
Features
Ellington Heirs Lose Bid to Change Foreign Royalties Calculations
The New York Court of Appeals, the highest court in the state, decided that a copyright renewal that Duke Ellington signed in 1961 didn't unfairly deprive his heirs of a portion of foreign royalties on the music giant's works, such as "Mood Indigo" and "Sophisticated Lady."
Features
Practice Tip: Calculating Structured Judgments
After a verdict, both parties usually submit a proposed judgment to the court with an economist's report. The court then decides the amount of the judgment to be docketed. But before the momentum of the trial reaches that stage, the plaintiff's attorney should undertake his/her own calculations. This article uses New York's structured judgment statute as an example.
Features
What 's New in The Law
In-depth analysis of recent rulings as they affect equipment leasing.
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MOST POPULAR STORIES
- Protecting Innovation in the Cyber World from Patent TrollsWith trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.Read More ›
- Private Equity Valuation: A Significant DecisionInsiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.Read More ›
- Meet the Lawyer Working on Inclusion Rider LanguageAt the Oscars in March, Best Actress winner Frances McDormand made “inclusion rider” go viral. But Kalpana Kotagal, a partner at Cohen Milstein Sellers & Toll had already worked for months to write the language for such provisions. Kotagal was developing legal language for contract provisions that Hollywood's elite could use to require studios and other partners to employ diverse workers on set.Read More ›
- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.Read More ›
- The DOJ Goes Phishing: The Rise of False Claims Act Cybersecurity LitigationWhile the DOJ Civil Cyber-Fraud Initiative is still in its early stages and cybersecurity regulations are evolving, whistleblower plaintiffs have already begun leveraging the FCA to pursue alleged noncompliance with government cybersecurity requirements.Read More ›